The governor’s call

An example for others to follow

THE CASE of Jason McGehee, he of Arkansas’ prison system and Death Row, has been in the papers for years. There’s not a whole lot of gray area here. The facts are all pretty much settled.

And the case may be, too. Back during the spring, the state’s Parole Board took the unusual step to vote to spare this man’s life. And sent that request to the governor. Late last week, the governor did his job as he saw fit and announced his intent to grant clemency to Jason McGehee. The inmate will likely serve the rest of his life in prison without the chance of parole. But avoid the executioner’s needle. (The governor has a 30-day review period before making his decision final.)

According to court transcripts and Jason McGehee’s own admission, he was caught up in a terrible murder in 1996. He was convicted of kidnapping, beating and killing a 15-year-old boy named John Melbourne Jr.

Mr. McGehee was convicted along with several others in the killing of John Jr. in retaliation for the boy’s telling police about the group’s petty crimes. Jason McGehee doesn’t contest his conviction or his role in the murder when he was a 20-year-old himself.

Even prosecutors never accused Jason McGehee of delivering the fatal blow. But that he was a part of the gang that did the deed. The person who was convicted of actually killing the boy was young enough to avoid the death penalty and will be eligible for parole in less than 10 years. Only then non-minor Jason McGehee was given the ultimate punishment.

Thankfully, the law is written and interpreted by humans, homo sapiens, man the thinker. Robots can be of help predicting the weather, but they shouldn’t be left to decide life or death among humans. Clemency is built into our system because justice without mercy, judgment and thought is no kind of justice.

Speaking of justice with judgment, see the judge involved in Jason McGehee’s trial, who wrote a letter to the state recommending clemency—something the jurist had never done before in a long career. Or see the former director of the Department of Correction who spoke favorably about Mr. McGehee. Or see the clergy who minister on Death Row, who’ve said Jason McGehee helps prepare church lessons.

And see the Voices guest columnist of this past Monday, Carissa Renee Melbourne, who’s the sister of John Melbourne Jr.

Ms. Melbourne writes that she asked the governor to spare Jason McGehee’s life. And, she noted: “I believe Jason has a purpose on this earth. He will be such a positive influence on other inmates. Not to mention the positive things he can do, even if it is from a prison cell.”

Which brings us to the governor’s decision and the example we noted above.

THERE are many examples to beware in this story. But over the years, all associated with him say Jason McGehee has provided an example to emulate.

He’s accepted responsibility for his actions. He’s asked for forgiveness. He’s been a model prisoner. He helps other prisoners behind bars. If Jason McGehee doesn’t deserve clemency— with all the details available in his criminal case and all the people who spoke on his behalf, including family members of his victim—then what possible motive could other inmates have to be model prisoners? If there is no hope, for anybody, then what’s the point of becoming a better man on Death Row? We can only imagine how tense things are on the inside already, but take away all chance of hope . . . .

Yes, clemency should be reserved for special cases—very special cases. Juries matter, and should continue to matter. But elected officials, such as His Honor Asa Hutchinson, matter, too. We the People bestow on them these powers for a reason.

This option was built into the system just for these kinds of cases.

Lest we forget, mercy is justice, too.